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THE CORPORATION OF THE TOWN OF WASAGA BEACH
BY-LAW 2005-85
Being a By-law respecting Construction, Demolition and Change of Use Permits and
Inspections
WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, Chapter 23, as
amended, empowers Council to pass certain by-laws respecting construction, demolition
and change of use permits and inspections.
Now Therefore, the Corporation of the Town of Wasaga Beach enacts as follows:
Section 1
SHORT TITLE
1.1
This By-law may be cited as "The Building By-law"
Section 2
DEFINITIONS "in this by-law,"
2.1
"Act" means the Building Code Act, 1992, S.O., Chapter 23 as amended.
2.2
"applicant" means the owner, or the person authorized by the owner to act
on their behalf
2.3
"architect" means a holder of a licence, a certificate of practice, or a
temporary licence under the Architect's Act as defined in the Building
Code.
2.4
"as constructed plans" means as constructed plans as defined in the
Building Code
2.5
"building" means a building as defined in Section 1(1) of the Act.
2.6
"Building Code" means the regulations made under Section 34 of the Act.
2.7
"Chief Building Official" means the Chief Building Official appointed by
the by-law of The Corporation of the Town of Wasaga Beach for the
purposes of enforcement of the Act or designated inspector in their
absence.
2.8
"farm building" means a farm building as defined in the building code.
2.9
"owner" means the registered owner on title, or a person authorized in
writing by the owner to act as their agent
2.10
"inspector" means an inspector appointed by the by-law of The
Corporation of the Town of Wasaga Beach for the purposes of
enforcement of the Act.
2.11
"permit" means written permission or written authorization from the chief
building official or his designate, to perform work regulated by this by-law
and the Act, or to change the use of a building or part of a building or parts
thereof as regulated by the Act
2.12
"plans" means all reports, specifications, revisions, or representation of the
applied for project
2.13
"plumbing" means plumbing as defined in Section 1(1) of the Act.
2.14
"professional engineer" means a person who holds a licence or a
temporary licence under the Professional Engineer's Act, as defined in the
Building Code.
2.15
"Residential Site" means a construction or demolition site for a building
that is used only for residential purposes and that is not more than three
storeys in building height and not more than one level below grade.
2.16
"sewage system" means a sewage system as defined in Section 1(1) of the
Act.
2.17
"Town" means The Corporation of the Town of Wasaga Beach.
Section 3
CLASSES OF PERMITS
3.1
Building Permit - required under subsection 8(1) of the Act
3.2
Demolition Permit - required under subsection 8(1) of the Act
3.3
Plumbing Permit - required under subsection 8(1) of the Act
3.4
Sewage System Permit - required under subsection 8(1) of the Act
3.5
Change of Use Permit - required under subsection 10(1) of the Act
3.6
Sign Permit - required for signs listed in 3.14.1.2 of the Building Code
Section 4
ADMINISTRATIVE PROCEDURES RELATING TO PERMITS
4.1
Revision to Permit - under subsection 8(12) of the Act - After the issuance
of a permit under the Act, notice of any material change to a plan,
specification, document or other information on the basis of which the
permit was issued, must be given in writing, to the Chief Building Official
together with the details of such change, which shall not to be made
without his or her written authorization.
4.2
Revocation of Permits - under subsection 8(10) of the Act - The Chief
Building Official has the authority to revoke a permit should he/she
believe that any of the conditions listed in 8(10) of the Act have occurred.
Section 5
REQUIREMENTS FOR APPLICATIONS
5.1
To obtain a permit, the owner shall file an original application by
completing the prescribed forms available at the offices of the Town or
from the Building Code website www.obc.mah.gov.on.ca . Forms
prescribed by the municipality under clause 7(f) of the Act shall be
available at the Town offices as set out in Schedule "C" to this By-Law.
5.2
Building and Demolition Permits
Every application for a permit shall be submitted to the Chief Building
Official, and contain the following information:
5.2.1 Where application is made for a construction permit under
Subsection 8(1) of the Act, the application shall:
5.2.1.1 use the provincial application form, "Application for a
Permit to Construct or Demolish"; and
5.2.1.2 include complete plans and specifications, documents and
other information as required by Article 2.4.1.1B of the
Building Code and as described in Schedule 'B' of this by-
law for the work to be covered by the permit.
5.2.2 Where application is made for a demolition permit under
Subsection 8(1) of the Act, the application shall:
5.2.2.1 use the provincial application form, "Application for a
Permit to Construct or Demolish"; and
5.2.2.2 include complete plans and specifications, documents and
other information as required by Article 2.4.1.1B of the
Building Code and as described in Schedule 'B' of this by-
law for the work to be covered by the permit.
5.3
Change of Use Permits
Every application for a change of use permit issued under subsection 10(1)
of the Act shall be submitted to the Chief Building Official, and shall:
5.3.1 Describe the building in which the occupancy is to be changed, by
a description that will readily identify and locate the building,
5.3.2 Identify and describe in detail the current and proposed
occupancies of the building or part of a building for which the
application is made,
5.3.3 Include plans and specifications showing the current and proposed
occupancy of all parts of the building, and which contain sufficient
information to establish compliance with the requirements of
Article 2.4.1.2 of the Building Code and as described in Schedule
'B' of this by-law for the work to be covered by the permit.
5.3.4 Be accompanied by the required fee, as set out in Schedule 'A',
5.3.5 State the name, address and telephone number of the owner,
5.3.6 Be signed by the owner who shall certify the truth of the contents
of the application.
5.4
Sewage System Permits
For every application for a sewage system permit that is submitted to the
Chief Building Official, the application shall:
5.4.1 use the provincial application form, "Application for a Permit to
Construct or Demolish" and "Schedule 2";
5.4.1.1 Include complete plans and specifications, documents and
other information as required under Article 2.4.1.1B of the
Building Code and as described in Schedule 'B' and
applicable forms from Schedule 'C' of this by-law for the
work to be covered by the permit.
5.4.1.2 Include a site evaluation which shall include all of the
following items, unless otherwise specified by the Chief
Building Official:
5.4.1.2.1 Include the date the evaluation was done;
5.4.1.2.2 Include name, address, telephone number and
signature of the person who prepared the
evaluation; and
5.4.1.2.3 Include a scaled map of the site showing:
5.4.1.2.3.1 the legal description, lot size, property
dimensions,
existing
rights-of-way,
easements or municipal/utility corridors;
5.4.1.2.3.2 the location of items listed in Column 1
of Tables 8.2.1.6.A., 8.2.1.6.B. and
8.2.1.6.C. of the Building Code;
5.4.1.2.3.3 the location of the proposed sewage
system;
5.4.1.2.3.4 the location of any unsuitable, disturbed
or compacted areas;
5.4.1.2.3.5 proposed access routes for system
maintenance;
5.4.1.2.3.6 depth to bedrock;
5.4.1.2.3.7 depth of zones of soil saturation;
5.4.1.2.3.8 soil
properties,
including
soil
permeability, and
5.4.1.2.3.9 soil conditions, including the potential
for flooding.
5.5
Plans and Specifications
Sufficient information shall be submitted with each application for a
permit to enable the Chief Building Official to determine whether or not
the proposed construction, demolition or change of use will conform with
the Act, the Building Code and any other applicable law. Each application
shall, unless otherwise specified by the Chief Building Official, be
accompanied by two complete sets of the plans and specifications required
under this by-law. Plans shall be drawn to scale on paper, or other durable
material, shall be legible and, without limiting the generality of the
foregoing, shall include such working drawings as set out in Schedule "B"
to this By-law unless otherwise specified in writing by the Chief Building
Official
5.6
The Site Plan
Site plans shall be referenced to a current survey and, when required to
demonstrate compliance with the Act, the Building Code or other
applicable law, a copy of the survey shall be submitted to the Chief
Building Official. Site plans shall show:
5.6.1 Lot size and the dimensions of property lines and setbacks to any
existing or proposed buildings (include building dimensions,
driveways, and walkways)
5.6.2 Existing and finished ground levels or grades,
5.6.3 Existing rights-of-way, easements and municipal services, and
5.6.4 Proposed fire access routes and existing fire hydrant locations.
5.6.5 Existing or proposed watercourses and dimensions to the
construction proposed
5.6.6 All watercourses on the property and adjacent the subject property
Section 6
FEES
6.1
Fees for a required permit shall be as set out in Schedule "A" to this By-
law and are due and payable upon submission of an application for a
permit. All fees contained within this By-law shall supersede any other
fee structure for identical permits within other By-laws.
Section 7
REFUNDS
7.1
In the case of application withdrawal, abandonment of all or a portion of
the work, or non commencement of any project, the Chief Building
Official shall determine the amount of paid permit fees that may be
refunded to the applicant, if any, in accordance with Schedule "A"
attached to and forming part of this By-law.
Section 8
FORMS
8.1
The forms prescribed by the Town under clause 7(f) of the Act for use
with application for permits, for orders and for inspection reports shall be
as set out in Schedule "C" to this By-law.
Section 9
AS-BUILT DRAWINGS
9.1
On completion of the construction of a building, the Chief Building
Official may require a set of as constructed plans, including a plan of
survey showing the location of the building.
Section 10
TRANSFERS OF PERMIT
10.1
A permit shall not be transferred until such time as the transfer fees have
been paid, as set out in Schedule 'A' of this By-law. The new owner shall
provide proof of ownership, a letter of undertaking, and proof of
engagement of design professional where appropriate.
Section 11
CODE OF CONDUCT
11.1
Code of Conduct is set out in Schedule 'D' of this By-law.
Section 12
CONSTRUCTION FENCING
12.1
A person issued a building or demolition permit under the Building Code
Act, 1992, for any work in the Town of Wasaga Beach shall erect and
maintain a fence to enclose the construction or demolition upon written
request from the Chief Building Official.
12.2
The Chief Building Official is authorized under this subsection to have a
fence erected if the Chief Building Official is satisfied that the conditions
at a site would present a particular hazard to the public with regard to:
12.2.1 The proximity of the site to occupied dwellings;
12.2.2 The proximity of the site to places frequented by the public,
including streets, parks, businesses and workplaces;
12.2.3 The effectiveness of fencing the site;
12.2.4 Any proposed security measures to deter entry to the site;
12.2.5 The hazard presented by the activity occurring and materials used
on the site;
12.2.6 The expected duration of the hazard; and
12.2.7 Any other safety considerations.
12.3
Where a construction or demolition site is substantially suspended or
abandoned, the Chief Building Official may require a fence to be erected
by serving written notice of the fencing requirement to the owner under
this subsection.
12.4
Every fence required by this article shall:
12.4.1 Be erected at the perimeter of the construction or demolition to
fully enclose the hazard;
12.4.2 Be built to deter entry by unauthorized persons or vehicles;
12.4.3 Have no rails, other horizontal or diagonal bracing, attachments or
pattern of openings on the outside that would facilitate climbing;
12.4.4 Contain no opening more than 150 millimetres wide or less than
900 millimetres above the bottom of the fence except where
required for access to and from the site;
12.4.5 At any access opening, be equipped with gates that shall;
12.4.5.1
Contain wire mesh or similar material sufficient to
provide visibility for traffic entering or exiting the site;
12.4.5.2
Be built to specifications that provide performance
and safety at least equivalent to the fence; and
12.4.5.3
Deter entry by unauthorized persons;
12.4.6 be maintained:
12.4.6.1
In good repair with no gaps larger than 100
millimetres below the fencing and be free of graffiti and
posters;
12.4.6.2
Free from health, fire and accident hazards; and
12.4.6.3
So that any access opening is closed and locked or
securely reinstalled when the site is unattended; and
12.4.7 Be removed not later than 30 days after completion of the
construction or demolition work.
12.5
A fence required by this subsection shall:
12.5.1 If erected on a Residential Site between an excavation on the site
and a public sidewalk or lane that is within 3.0 metres of the
excavation, have a height not less than 1.8 metres above the grade
outside the enclosed area.
12.5.2 If erected on any other Residential Site, have a height not less than
1.2 metres above the grade outside the enclosed area.
12.5.3 If erected on any other construction or demolition site, have a
height not less than 1.8 metres above the grade outside the
enclosed area.
12.6
A fence required by this subsection shall be built to the following
minimum standards:
12.6.1 If erected between an excavation and a public sidewalk or lane that
is within 3.0 metres of the excavation, the fence shall be built of
wood.
12.6.2 If built of wood, the outside face shall be smooth exterior grade
plywood or wafer board 12.5 millimeters thick that is close-
boarded, securely nailed or screwed to 89 millimetre by 89
millimetre vertical posts spaced at 2.4 metre centers and embedded
sufficiently deep in to the ground to provide a rigid support, and
securely nailed or screwed to 38 millimetre by 89 millimetre
horizontal rails secured to the vertical posts at the top, bottom and
intermediate location at 600 millimetre centers.
12.6.3 If built with plastic mesh, the facing shall be fastened securely at
200 millimetre centers to steel "T" or 50 millimetre wide "U"
posts, spaced at not more than 1.2 metre centers and embedded at
least 600 millimetres into the ground, with the top and bottom of
the plastic mesh secured horizontally by an 11 gauge lacing cable
threaded through the mesh and looped and fastened to each post.
12.6.4 If built with chain link, the mesh shall have openings no larger
than 50 millimetres and shall be fastened securely both to vertical
steel posts, spaced at not more than 2.4 metre centers and
embedded at least 600 millimetres into the ground, and to top and
bottom horizontal steel rails or 9 gauge steel wire.
12.6.5 Any hoarding, canopy or similar protective barrier required under
provincial law may form part of the fence
12.6.6 The fence may be a combination of the fence types specified in this
article or may be built of other materials if the fence can be shown
to provide performance and safety equivalent to the fence types
specified and the chief building official authorizes its use in
writing.
12.7
Where this article conflicts with any legislation, Regulation or other by-
law, the more restrictive shall apply
SECTION 13 BY-LAW PREVIOUS
13.1
By-law 1990-77 and all of its amendments of the Corporation of the
Town of Wasaga Beach is hereby repealed.
13.2
Notwithstanding section 13.1 of this By-law, for any complete application
received prior to January 1, 2006 the permit fee shall be calculated in
accordance with By-law 1990-77 as amended.
SECTION 14 EFFECTIVE DATE
14.1
This By-law comes into force and effect January 1, 2006.
Read a first, second and third time and finally passed the 13th day of December, 2005.
Originals signed by the Mayor and Clerk.